Is it permissible for a mother to relinquish her inheritance to one of her sons in exchange for his care of her?
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Fatwa number ( 16077 )
Q: We are five siblings, three males and two females. Our father passed away and left us an old house built of brick and mud, measuring one hundred and ten square meters. I am the youngest of my brothers and sisters. Because I took care of my mother and looked after her, she preferred me and wrote to me the portion of her inheritance from my father in this house. This was before Allah took her away. I am now forty-two years old. Is this action by my mother (may Allah have mercy on her) considered a sin for which she deserves Allah's punishment? If so, what should I do to avert that from her?
A: It is not permissible for either parent to give a gift to some of their children without the others; rather, it is obligatory for them to be equal among them. This is based on the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 2587, after he rebuked the Companion who had given a gift to some of his children exclusively. What happened with your mother is not permissible. Therefore, you must return this gift, and you must divide the house according to the provisions of Islamic inheritance law among you, with the male receiving the share of two females. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: We are five siblings, three males and two females. Our father passed away and left us an old house built of brick and mud, measuring one hundred and ten square meters. I am the youngest of my brothers and sisters. Because I took care of my mother and looked after her, she preferred me and wrote to me the portion of her inheritance from my father in this house. This was before Allah took her away. I am now forty-two years old. Is this action by my mother (may Allah have mercy on her) considered a sin for which she deserves Allah's punishment? If so, what should I do to avert that from her?
A: It is not permissible for either parent to give a gift to some of their children without the others; rather, it is obligatory for them to be equal among them. This is based on the saying of the Prophet (peace and blessings be upon him):
Be afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكم
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.